Social Media, Facebook, Regulation FD

When Does a Tweet Fall Afoul of Regulation FD

Robins Kaplan LLP on 1/1/2019

On August 7, 2018, Tesla CEO Elon Musk used his personal Twitter account (@elonmusk) to propose a buyout of the company for $420 a share, stating that funding was secured....more

Stop Insider Tweeting! -- Feds eye social media for securities shenanigans

Morrison & Foerster LLP on 6/11/2013

As financial institutions and investors turn to social media to instantly share snippets of news and potential clues about market trends, the FBI and SEC are monitoring such postings for evidence of insider trading and...more

Small Business Securities Bulletin: Regulation FD and Social Media

Baker Donelson on 6/10/2013

As we discussed in our February Bulletin, late last year Netflix and its CEO, Reed Hastings, each received a notice from the SEC Staff indicating that the Staff intended to recommend to the SEC that it institute proceedings...more

8-K’s Announcing Reg FD Social Media Channels Begin; NYSE Weighs In

Stinson - Corporate & Securities Law Blog on 4/19/2013

The SEC opened the barn doors on use of social media, or merely reaffirmed existing guidance, depending on your point of view, in a recent Section 21(a) report....more

SEC Greenlights Use of Social Media for Publicly Disclosing Company Information

BakerHostetler on 4/19/2013

Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange...more

Be Careful What You Wish For: SEC Permits Company Disclosures Via Social Media If Regulation FD Requirements Are Met

Womble Bond Dickinson on 4/16/2013

Last week, the Securities and Exchange Commission issued a report clarifying that companies can use social media channels, such as Facebook and Twitter, to disseminate material nonpublic company information under Regulation...more

Lessons from Netflix on the Use of Social Media for Informal Disclosure

Cohen & Gresser LLP on 4/12/2013

On April 2, 2013 the Securities and Exchange Commission (SEC) issued a report (the Netflix Report) announcing that it would not pursue enforcement action against Netflix, Inc. and its Chief Executive Officer, Reed Hastings,...more

Safe Tweeting: SEC Provides Guidance on Social Media and Regulation FD Compliance

Pillsbury Winthrop Shaw Pittman LLP on 4/11/2013

The SEC has provided guidance to publicly reporting companies on how to use popular social networking sites, such as Facebook and Twitter, consistent with federal securities laws. On April 2, 2013, the Securities and...more

Social Media For The CEO: Lessons Learned From The Netflix/SEC Tussle And Reg FD

Gray Reed on 4/10/2013

Yes, you can use social media to make material public disclosures. The SEC did not punish Netflix CEO Reed Hastings. The reality is, however, the SEC gave a warning to executives: we are not going to do anything this time...more

The SEC Provides Guidance on the Use of Social Media for Public Company Disclosure

Proskauer Rose LLP on 4/10/2013

On April 2, 2013, the Securities and Exchange Commission issued a "report of investigation" that provides important guidance for companies that wish to use social media outlets, such as Facebook and Twitter, to publicly...more

SEC Provides Guidance Regarding Social Media and Regulation Fair Disclosure (Regulation FD)

Katten Muchin Rosenman LLP on 4/9/2013

On April 2, in connection with an investigation of Netflix, Inc. and its Chief Executive Officer, Reed Hastings, regarding a possible violation of Regulation FD, the Securities and Exchange Commission released a Report of...more

SEC Approves Communications Via Social Media

Miller Canfield on 4/9/2013

The Securities and Exchange Commission (“SEC”) has taken a new position that publicly traded companies may use social media to communicate information to investors, so long as investors are first advised of the communication...more

A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD

Cadwalader, Wickersham & Taft LLP on 4/9/2013

The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a...more

SEC Decides That Companies May Use Social Media

Foley Hoag LLP on 4/8/2013

The Netflix Investigation - On July 3, 2012, the CEO of Netflix, Reed Hastings, used his personal Facebook page to announce that Netflix had streamed 1 billion hours of content in the month of June. As the Securities...more

SEC's Netflix Report Confirms Ability to Use Social Media for Reg. FD Disclosures but Cites Risks

Foley & Lardner LLP on 4/8/2013

In connection with a Facebook post by Netflix CEO Reed Hastings, the SEC issued a report of investigation on April 2, 2013 (Netflix Report) indicating that Regulation FD permits a company to announce material information...more

SEC Outlines Position on FD Disclosure Using Social Media

Patterson Belknap Webb & Tyler LLP on 4/8/2013

The Securities and Exchange Commission (SEC), on April 2, 2013, outlined a new disclosure position that clarifies that public companies can use social media outlets like Facebook and Twitter to announce key information in...more

From Facebook to FD: SEC Releases Guidance on Use of Social Media

Bracewell LLP on 4/8/2013

On April 2, 2013, the Division of Enforcement of the U.S. Securities and Exchange Commission released guidance on the use of social media to disseminate material, nonpublic information under Regulation FD (Fair Disclosure)....more

Social Media Use By Public Companies – The SEC Weighs In

Troutman Pepper on 4/5/2013

The increasing presence of social media has created new avenues for companies to market to and connect with consumers, customers and investors. Many heads of industry maintain very public profiles, appearing regularly on...more

SEC Publishes Report on Reg. FD and Social Media – Joy, Vexation Follow

Brooks Pierce on 4/5/2013

You probably remember a dustup from a few months ago when the SEC threatened to sue Netflix for violations of Regulation FD. Basically, the rule says that when a public company gives material nonpublic information to anyone,...more

Corporate and Securities Alert: SEC Guidance on Using Social Media to Disclose Material Non-public Information

Fenwick & West LLP on 4/5/2013

On April 2, 2013, the Securities and Exchange Commission issued noteworthy guidance on the use of social media to disclose material information in compliance with Regulation FD (Fair Disclosure)....more

SEC Has Conditional “Like” for Social Media Disclosures by Securities Issuers—A Reason to Reevaluate Electronic Communications...

Proskauer - New Media & Technology on 4/5/2013

The U.S. Securities and Exchange Commission gave disclosures made through social media platforms such as Facebook and Twitter a conditional “thumbs up” in a Report of Investigation it released on April 2, 2013. Issuers of...more

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